SHIVAJI SATAVAJI BHAGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges the judgment and order of conviction passed by learned Sessions Judge, Jalna dtd. 26/6/2023 passed in Sessions Case No. 75 of 2018 convicting present appellant for offence punishable under Sec. 224 and 353 read with Sec. 34 of Indian Penal Code (IPC).

(2.) Learned Advocate for the appellant submits that, during the pendency of the appeal, the appellant has expired. By order of this Court dtd. 12/12/2025, the legal heirs have been brought on record, and the matter is now being prosecuted by them.

(3.) In short, case of prosecution in trial court is that, present appellant Shivaji and another accused Lahu Jadhav, who were in police custody, were being escorted from jail to Court by the police party. After they were produced, they were taken back in handcuffed condition towards the van. That time, they complained that handcuffs were excessively tight. When the Constable loosened it, that time both accused took to heels and ran away with the handcuffs. PW4 PHC Rathod chased them and finally managed to catch hold of them, but that time, they assaulted PW4 PHC Rathod. Therefore, PW4 PHC Rathod lodged report Exh.37. On the basis of which, crime was registered bearing No.86 of 2016 for offence punishable under Sec. 224, 333, 353 r/w 34 of IPC. After investigation, both were charge-sheeted and were tried by learned Sessions Judge to frame and explain the charge and conducted trial and by judgment and order dtd. 26/6/2023 convicted them for offence punishable under Sec. 224 and 353 r/w 34 of IPC and 332, respectively and sentenced to suffer maximum imprisonment of one year for each of the offence.